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    No Win No Fee medical negligence compensation claims

    Also known as a Conditional Fee Agreement, a No Win No Fee agreement removes the financial risk associated with a compensation claim. If your case is not successful, you will not have to pay any legal fees to Birchall Blackburn Law, and an insurance policy covers the defendant’s legal fees. You will not be out of pocket.

    Surgical error compensation claims

    In our experience, people come to us for our clinical negligence expertise because then need to know what went wrong and to make sure it does not happen to someone else. In many cases they feel ignored and frustrated that they can’t get to the bottom of what happened, and that is where we come in.

    Sometimes things go wrong, and it is only human to want to find answers and make sense of what has happened to you or a loved-one. Our specialist medical negligence solicitors have helped thousands of people get answers and ensure that lessons have been learnt.

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    Accredited quality and experience in medical negligence claims

    You can rest assured that our expert specialist clinical negligence solicitors have the expertise and legal knowledge to support your claim for compensation and rehabilitation.

    The Head of our Healthcare & Clinical Risk, and Partner, Andrew Taylor is an accredited member of the Law Society’s Clinical Negligence Quality Scheme. The Scheme is a recognised standard for quality in Clinical Negligence.

    Solicitor, Partner and Clinical Negligence specialist, Susan Liver is an accredited Person Injury Specialist Litigator with the Association of Personal Injury Lawyers (APIL). APIL accreditation provides a quality mark of competence and specialist expertise for solicitors and counsel dealing with personal injury claims.

    How can we help you make a compensation claim for a surgical error?

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    Even an experienced and competent surgeon can make a mistake or an omission. This doesn’t mean that all surgical mistakes will lead to a compensation claim for medical negligence, but if the surgery causes serious injury, it is important to check your legal rights to find out what went wrong and to see if you can get financial support.

    Get in touch and we will talk to you about what has happened to you and whether you can make a compensation claim for medical negligence caused before, during or following an operation.

    What types of surgical errors do we deal with and other questions?

    • What types of surgical mistakes, errors and omissions do Birchall Blackburn deal with?

      Birchall Blackburn Law’s clinical negligence solicitors have decades worth of experience dealing with the aftermath of surgical errors. The specialist team has seen a number of common mistakes time and time again. These include:

      • A surgeon’s failure to use adequate care and skill in the performance of the surgery
      • Poor planning (e.g. failure to ensure correct X-Rays, scans and medical devices selected prior to operation)
      • Use of incorrect medical device (e.g. substandard selection of knee or hip replacement devices, which leads to revision surgery)
      • Substandard use of surgical equipment in undertaking surgery (e.g. diathermy use in abdominal or pelvic surgery, which leads to injuries of surrounding tissue structures)
      • Surgery offering a hemiarthroplasty (partial hip replacement) instead of total hip arthroplasty
      • Key hole or arthroscopic surgical errors (e.g. often a junior or trainee registrars who improperly inserts port equipment causing injuries to structures or operating on wrong anatomy due to basic surgical techniques in surgery not being adhered to)
      • Anaesthetic mistakes (e.g. extravasation injuries to patients due to inappropriate administration of anaesthetic or fluid lines or inappropriate monitoring that causes injury)
      • Foreign bodies (e.g. swabs or surgical tools) left inside the body
      • Failure to follow up on blood tests, failure to investigate blood tests, or does not action abnormal blood tests
      • The surgery is unnecessary
      • Surgery performed on the wrong part of the body
      • A patient has not given fully informed consent for a procedure
      • Failure to adequately monitor vital signs
      • Heart surgery mistakes and omissions
      • Cosmetic surgery errors
      • Nerve damage (e.g. cauda equina and spinal compression syndrome when there is a lack of feeling or numbness in the bowel or bladder)
      • Organ damage (e.g. bowel damage due to negligent chemotherapy or diathermy)
      • Brain damage (e.g. failure to properly monitor patient during and post surgery)
      • Failure or delay in diagnosing an infection
      • Surgery leads to chronic pain syndrome (CPS)


      This list is not exhaustive, and it is vital that you contact a specialist clinical negligence solicitor as soon as possible if you believe that you or a family member has received substandard surgical treatment.

    • Can I claim compensation for negligence after surgery?

      Even routine operations are complicated and invasive. It can take time to recover and the care you or a family member receives after an operation is important for rehabilitation.

      If you believe that you or a loved-one has received poor post-operative care or a mistake was made in the aftermath of the operation, which resulted in further injury or illness, then you may be entitled to compensation to help you put that right.

      It could have been a failure to adequately monitor heart rate, bloods or hydration. There are many life-threatening post-operation complications that can occur. For example:

      • Excessive blood loss, which is also referred to as haemorrhaging
      • Infections that led to sepsis
      • Blood clots
      • Rapid drop in blood pressure causing shock


      With regular observation and monitoring a potential post-operative problem can be recognised if signs of deterioration occur and treated quickly to avoid further injury or illness. A doctor may be negligent in failing to take reasonable steps to reduce the chances of complications after an operation.

    • What do I do if I believe I've received negligent surgery or post-operative care?

      It is vital for you to speak to a specialist clinical negligence solicitor as soon as possible. An experienced solicitor will give you free initial advice, in confidence and without any obligation. They will talk to you about your operation, what has happened, whether you have a case for compensation, and how to proceed.

      This first call or contact with a Clinical Negligence solicitor is also an opportunity for you to question them about their experience and expertise. Don’t hesitate to ask them how many surgical error cases for compensation they have dealt with in the past and are dealing with now.

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    Four doctors in scrubs in the operating theatre

    - Did you know?

    Between April 2019 and March 2020 there were 226 recorded incidents of wrong site surgery and 101 recorded incidents of foreign objects found in patients post-operation (NHS England and NHS Improvements January 2021).

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    Let's start the conversation

    Reach out now for free and confidential initial advice about Clinical / Medical Negligence and whether you have a case for compensation to help and support you. Simply call, email or request a call back and one of our experienced Clinical Negligence team members will be in touch.

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